Author Archive for Ernest Wagner – Page 2

6th Cir. Rejects FDCPA Allegations of State Procedural Violations, Misrepresentations, Citing Spokeo

Relying on Spokeo, Inc. v. Robins, the U.S. Court of Appeals for the Sixth Circuit recently held that alleged violations of the federal Fair Debt Collection Practices Act (FDCPA) arising out of state procedural violations were not sufficient to confer subject matter jurisdiction without any corresponding concrete harm. A copy of the opinion in Lyshe

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Illinois App. Court (1st Dist) Holds Potential Chicago Foreclosure Tenant Ordinance Violation Precluded Eviction

The Appellate Court of Illinois, First District, recently reversed a summary judgment ruling in favor of a mortgagee on its post-foreclosure forcible entry and detainer claim, finding genuine disputes as to material facts where the tenant presented evidence that she was a qualified tenant under the Chicago Protecting Tenants in Foreclosed Rental Property Ordinance, and

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Illinois App. Court (1st Dist) Holds Mortgagee’s Affidavit for Alternative Service Fatally Deficient

The Appellate Court of Illinois, First District, recently vacated a default foreclosure judgment in favor of a mortgagee and against a borrower because the mortgagee’s affidavit in support of its motion for alternative service did not establish the required due diligence demonstrating the investigation made to determine the borrower’s whereabouts, and the trial court therefore

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Fla. App. Court (1st DCA) Holds Borrowers Waived FHA’s ‘Face to Face’ Requirement as Affirmative Defense

The District Court of Appeal of Florida, First District, recently held that borrowers waive their affirmative defense that a mortgagee did not comply with HUD’s “face-to-face” condition precedent to foreclosure when they fail to raise the defense until their closing argument at trial. The First District also held that even if the borrowers had timely

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Illinois App. Court (2nd Dist) Holds FHA’s ‘Face to Face’ Meeting Not Required When Loan Discharged in Bankruptcy

The Appellate Court of Illinois, Second District, recently affirmed summary judgment in favor of a mortgagee that failed to meet the FHA requirement to either have a face-to-face meeting with the borrowers or to make “a reasonable effort” to arrange a face-to-face meeting before filing foreclosure, because doing so would have been a futile act

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